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2016 Supreme(Guj) 72
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
K.S Jhaveri and G.B Shah, JJ.
Rajiv Vipinbhai Vasa & Ors. – Appellant
Vs.
State of Gujarat & Ors. – Respondents
Criminal Misc. Application (For Direction) No. 3119 of 2016 In Criminal Appeal No. 1126 of 2007
Decided on : 9.02. 2016
Advocate Appeared:
Mr. Ekant G. Ahuja, Advocate for the Applicants No. 1 - 2
Mr. K.P Raval APP for the Respondents No. 1
Important Point – Restraint order can be diluted in a deserving case.
Headnote:Criminal Procedure Code, 1973 – Section 482 – Restraint order – Applicant seeking permission to leave country – Applicants are amateur golfer since seven years and participated in number of tournaments – This time, petitioners would like to participate in tournament to be held at Thailand – Previously such permission was granted – Applicants were allowed to travel abroad and also returned within time prescribed – Considering facts and circumstances of case, respondent No. 2 allowed to process application of applicants for passport renewal as per rules ignoring present proceedings against them.
Result – Criminal Misc. Application disposed of with directions.
K.S Jhaveri, J.
Rule. Learned APP, Mr. K.P Raval, appears and waives service of notice of rule on behalf of respondent-State of Gujarat.
2. This application is preferred by applicants seeking permission to leave the country from 10th March, 2016 to 17th March, 2016 during pendency of Criminal Appeal filed before this Court. It is the say of the applicants that the applicants are amateur golfer since seven years and participated in number of tournaments. This time, petitioners would like to participate in the tournament to be held at Thailand from 13th to 16thMarch, 2016. At this stage, previous orders have been provided by the learned counsel for the applicants for perusal of the Court and details for the same are as under:
| Criminal Misc. Application | Order dated | Permission granted for travel number of days |
| 8755 of 2009 | 09/07/09 | 6.12.2009 to 20.12.2009 |
| 9227 of 2012 | 06/07/12 | 1.8.2012 to 28.12.2013 |
| 10825 of 2013 | 05/07/13 | 3 months were granted |
| 6322 of 2014 | 01/05/14 | 18.5.2014 to 31.5.2014 |
| 8759 of 2014 | 19/06/14 | 15th July to 20th August |
3. We notice that previously such permission was granted. The applicants were allowed to travel abroad and also returned within time prescribed. Considering the facts and circumstances of the case, respondent No. 2 is allowed to process the application of the applicants for passport renewal as per rules ignoring above pending present proceedings against them.
4. Accordingly, considering the past record of the applicant/s, permission is granted to them to leave the country on the flowing conditions:
(a) The applicants shall deposit the amount of Rs. 1,00,000/- each with this Court within one week from today.
(b) The applicants shall return to India and after their entry to India, the same shall be reported to Shahibaug Police Station, Ahmedabad.
(c) The applicants before leaving the country shall furnish to the Court the details of their full tour and addresses at which they are going to stay at Thailand.
(d) The applicants shall not travel abroad without prior permission of the Court despite extension of visa for longer period.
5. In case of breach of any condition, the amount of Rs. 1/- lac shall stand forfeited. However, upon return to India, the applicants shall intimate accordingly and also produce the xerox copy of the passport for showing entry to India and thereafter, the amount of Rs. 1 lac shall be returned to him.
6. The application is disposed of accordingly. Rule made absolute. Direct service is permitted.
